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Judge orders eligibility attorney to stay away
'No petitions for clarification or further rehearing will be entertained'
WND
Bob Unruh
1/5/2013
Excerpt:
Florida Circuit Judge Kevin Carroll, who previously cited the fictitious judge in “Miracle on 34th Street” in a ruling, now says he’s done with arguments over Barack Obama’s eligibility.
Carroll released an order today refusing to hear a request for a hearing that is allowed under state law when there are doubts about a candidate’s eligibility. And let that be the last, the judge said.
“No petitions for clarification or further rehearing will be entertained by the court,” he said in his ruling that refused to respond to a request for the state-allowed hearing in a case brought by Michael Voeltz.
“The court … finds no factual or legal cause to recede from its prior ruling that it lacks subject matter jurisdiction,” he wrote.
The attorney handling the case for Voeltz, Larry Klayman, founder of Freedom Watch, told WND if the judge doesn’t want to address the dispute, then he’ll take it to the appellate level, and that filing could occur as early as this weekend.
He noted that the judge had promised the plaintiffs time to respond to an Obama motion to dismiss the case but then dismissed it without allowing the time frame to expire.
The judge already had decided he would not hold an evidentiary hearing, which is allowed under state law in such a case. A hearing is supposed to be held when candidates’ qualifications are challenged, according a state law that allows Florida residents to challenge the eligibility of election candidates, Klayman said.
Carroll earlier had given the plaintiffs until Dec. 23 to respond to Obama’s motion to dismiss the case but then changed his mind and abruptly ordered the case dismissed several days before the deadline.
He explained that the fact the government says Obama is qualified to be president is more than enough for him.
“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world,” Carroll wrote.
“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”
It was the second time in eligibility cases that a judge appears to have abandoned legal fundamentals and simply ruled for Obama on no legal basis.
Several years ago it was Judge James Robertson in Washington who dismissed a case because, he wrote, “The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year campaign for the presidency.”
Significantly, it was two years later that Obama released a computer-generated image of a Hawaii birth document, still trying to provide information that would answer the questions.
Klayman told WND that Carroll had refused to scheduled the hearing or even respond to inquiries to the court and suggested he was “waiting for Groundhog Day to come out.”
“The process now is we will take this to the appellate level,” he said.
.................................
View the complete article at:
http://www.wnd.com/2013/01/judge-ord...-to-stay-away/
'No petitions for clarification or further rehearing will be entertained'
WND
Bob Unruh
1/5/2013
Excerpt:
Florida Circuit Judge Kevin Carroll, who previously cited the fictitious judge in “Miracle on 34th Street” in a ruling, now says he’s done with arguments over Barack Obama’s eligibility.
Carroll released an order today refusing to hear a request for a hearing that is allowed under state law when there are doubts about a candidate’s eligibility. And let that be the last, the judge said.
“No petitions for clarification or further rehearing will be entertained by the court,” he said in his ruling that refused to respond to a request for the state-allowed hearing in a case brought by Michael Voeltz.
“The court … finds no factual or legal cause to recede from its prior ruling that it lacks subject matter jurisdiction,” he wrote.
The attorney handling the case for Voeltz, Larry Klayman, founder of Freedom Watch, told WND if the judge doesn’t want to address the dispute, then he’ll take it to the appellate level, and that filing could occur as early as this weekend.
He noted that the judge had promised the plaintiffs time to respond to an Obama motion to dismiss the case but then dismissed it without allowing the time frame to expire.
The judge already had decided he would not hold an evidentiary hearing, which is allowed under state law in such a case. A hearing is supposed to be held when candidates’ qualifications are challenged, according a state law that allows Florida residents to challenge the eligibility of election candidates, Klayman said.
Carroll earlier had given the plaintiffs until Dec. 23 to respond to Obama’s motion to dismiss the case but then changed his mind and abruptly ordered the case dismissed several days before the deadline.
He explained that the fact the government says Obama is qualified to be president is more than enough for him.
“This court notes that President Obama lives in the White House. He flies on Air Force One. He has appeared before Congress, delivered State of the Union addresses and meets with congressional leaders on a regular basis. He has appointed countless ambassadors to represent the interests of the United States throughout the world,” Carroll wrote.
“As this matter has come before the court at this time of the year it seems only appropriate to paraphrase the ruling rendered by the fictional Judge Henry X. Harper from New York in open court in the classic holiday film ‘Miracle on 34th St.’ ‘Since the United States Government declares this man to be president, this court will not dispute it. Case dismissed.’”
It was the second time in eligibility cases that a judge appears to have abandoned legal fundamentals and simply ruled for Obama on no legal basis.
Several years ago it was Judge James Robertson in Washington who dismissed a case because, he wrote, “The issue of the president’s citizenship was raised, vetted, blogged, texted, twittered and otherwise massaged by America’s vigilant citizenry during Mr. Obama’s two-year campaign for the presidency.”
Significantly, it was two years later that Obama released a computer-generated image of a Hawaii birth document, still trying to provide information that would answer the questions.
Klayman told WND that Carroll had refused to scheduled the hearing or even respond to inquiries to the court and suggested he was “waiting for Groundhog Day to come out.”
“The process now is we will take this to the appellate level,” he said.
.................................
View the complete article at:
http://www.wnd.com/2013/01/judge-ord...-to-stay-away/